A gift by a person who is just over the age of majority or who is particularly susceptible to be unduly influenced by his parent, guardian, trustee, attorney, or other person standing in a similar confidential relationship to one of such persons shall be closely scrutinized. Upon the slightest evidence of persuasion or influence, such gift shall be declared void at the instance of the donor or his legal representative and at any time within five years after the making of such gift.
History. Orig. Code 1863, § 2624; Code 1868, § 2624; Code 1873, § 2666; Code 1882, § 2666; Civil Code 1895, § 3572; Civil Code 1910, § 4152; Code 1933, § 48-107; Ga. L. 1982, p. 3, § 44.
Law reviews.
For article, “Georgia’s Law of Undue Influence in Gift-Making,” see 5 Ga. St. B.J. 12 (2000).
For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
§ 44-5-80. Criteria for Making Valid Inter Vivos Gift
§ 44-5-81. When Acceptance Presumed; Acceptance for Minors and Corporations
§ 44-5-82. Delivery; Constructive Delivery
§ 44-5-86. Gifts by Person Subject to Undue Influence; Avoidance
§ 44-5-87. Implied Trust on Failure of Specific Purpose for Which Gift Made
§ 44-5-88. Gifts Void Against Creditors and Bona Fide Purchasers
§ 44-5-89. Donation of Blood by Persons Over 17 Years of Age